SECTIONS 41025-41028 - California Statutes

WATER CODE

SECTION 41025-41028

41025. As an alternative to using the most recent county assessment
roll, the board may cause an election roll to be prepared and used
for determining ownership and value of parcels for all purposes
involving elections. For purposes of a formation election, the
department may also elect to cause an election roll to be prepared
and shall perform those functions designated to be performed by the
board or secretary in this chapter. If the procedures provided in
this chapter are used, Sections 41018 to 41020, inclusive, shall not
apply.

41026. (a) The board shall have a preliminary election roll
prepared pursuant to subdivision (b) by a registered civil engineer.
The engineer shall prepare the preliminary election roll by division
unless all district elections are at large.
(b) The preliminary election roll shall include each parcel of
land listed on the most recent county assessment roll, any federal
and state land, and any other unvalued lands within the district. For
each parcel, the preliminary election roll shall list the name of
the holder of title to land and the area of that parcel. The
preliminary election roll shall assign each voter one of the
following:
(1) One vote for each acre of land owned by that voter within the
district. If the voter owns less than one acre, the voter shall be
entitled to one vote. Any fraction of an acre shall be rounded to the
next full acre.
(2) A number of votes based on the benefits derived by each parcel
from being within the boundaries of the district, or from receiving
services from the district, or both. The engineer shall consider,
among other factors, the nature of the use or allowed uses of the
parcel, whether the parcel is developed or undeveloped, and the
nature of the district's services provided to or available to the
parcel.
(c) The secretary shall publish a notice of preparation of the
preliminary election roll pursuant to Section 39057, indicating the
date, time, and place of the board's hearing to consider the
preliminary election roll. The notice shall also provide information
concerning the availability of the preliminary election roll.
(d) A copy of the preliminary election roll shall be available at
the district's offices during regular business hours and at any other
convenient location, as determined by the district.

41027. (a) The board shall hold a public hearing to receive any
testimony regarding the preliminary election roll. The hearing may be
continued from time to time. Following the hearing and
deliberations, the board shall make any changes to the preliminary
election roll and shall adopt the election roll.
(b) If the preliminary election roll was prepared pursuant to
paragraph (1) of subdivision (b) of Section 41026, the adopted
election roll shall be deemed the final election roll.
(c) If the preliminary election roll was prepared pursuant to
paragraph (2) of subdivision (b) of Section 41026, the secretary
shall send the adopted election roll to the board of supervisors of
the principal county. Upon receiving the adopted election roll, the
board of supervisors of the principal county shall set the date,
time, and place for a public hearing to receive any testimony
regarding the adopted election roll. The board of supervisors shall
publish a notice of its public hearing pursuant to Section 39057. At
the hearing, the board of supervisors shall receive any testimony
regarding the adopted election roll. The hearing may be continued
from time to time. Following the hearing and deliberations, the board
of supervisors shall either approve or disapprove the adopted
election roll. If the board of supervisors approves the adopted
election roll, it shall send the final election roll to the board. If
the board of supervisors disapproves the adopted election roll, the
board of supervisors shall notify the board of its disapproval and
may recommend changes to the adopted election roll for the board to
consider. The district shall compensate the principal county for any
costs incurred by the board of supervisors pursuant to this chapter.
(d) The secretary shall certify and file the final election roll
not later than the date of the first publication of the notice
provided pursuant to Section 41308.

41028. The final election roll shall be used for all purposes
relating to elections, until subsequently modified in accordance with
the procedures set forth in this chapter, or until the board elects
at least 84 days prior to a general election to use the most recent
county assessment roll. The board may at any time cause a revised
preliminary election roll to be prepared in accordance with Section
41026. Upon written petition filed by the holders of title to land
with at least 10 percent of the votes based on the last finalized
election roll, at least 150 days before any general or special
election, the board shall prepare a new preliminary election roll and
follow the procedures provided for in Section 41027. At least 84
days prior to an election, the district shall update the names listed
as the holder of title to land of each parcel on the election roll
and may rely on the most recent county assessment roll for
determining ownership.